Minutes of The Price City Council

City Hall: Price, Utah


October 23, 1996, 5:30 p.m.


Present:

Councilmembers:Vern W. Jones (Adminis. Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Cobb Johnson (Public Works Dir.), Aleck Shilaos (Chief of Police), Roy A. Nikas, Betty P. Wheeler, Joe L Piccolo, Steve Bringhurst, Stephen L. Denison,

Absent and Excused: Mayor Lou Colosimo

Others Present: Lane Miller, Kathy Hanna, Ray Morley

Councilmember Nikas led the Pledge of Allegiance. Roll was called with the above members in attendance.


1. MAYOR PROTEMPORE - Roy A. Nikas

MOTION. Councilmember Bringhurst moved that in the absence of Mayor Lou Colosimo, that Councilmember Nikas be appointed as Mayor Protempore. Motion seconded by Councilmember Wheeler and carried.

2. DEATH OF FORMER MAYOR J. BRACKEN LEE - Sympathy Expressed

On behalf of Price City, Mayor Protem Nikas expressed his condolences to the family of J. Bracken Lee, former Mayor of Price who passed away. Mr. Lee was Mayor from 1936 to 1947. Several significant capital improvement projects took place during that time. The most notable was the construction of a major waterline from Colton to Price and the construction of water storage tanks to replace open reservoirs. The Council expressed their sympathy.

3. MINUTES - October 9, 1996

The following addition was made to the minutes of October 9, 1996.

Item #4 - Add Paul Wheeler and Pat Larsen to the committee.

MOTION. Councilmember Denison moved that upon the above addition, that the minutes be approved. Motion seconded by Councilmember Bringhurst and carried.

4. CARBON COUNTY TRAVEL BUREAU - Price River Parkway

Lane Miller, Carbon County Travel Bureau, reported that a meeting was held with local officials to discuss the possibility of constructing a Price River Parkway, similar to the Helper Parkway. It was the concensus of those present that the benefits outweighed the work and problems that would need to be resolved. As the residents of Spring Glen opposed the continuation of the Helper Parkway along the river, it was recommended that another route be planned. The parkway could extend to Helper, through Price, and into Wellington. The Carbon County Commmision adopted a resolution supporting the parkway. Mr. Miller asked the Council for their support and adoption of a resolution. MOTION. Councilmember Piccolo moved that the Council support the Price River Parkway and that a resolution be prepared. Motion seconded by Councilmember Wheeler and carried. The Council appointed Councilmembers Wheeler and Bringhurst to represent the City on the committee for the parkway.

MOTION. Councilmember Bringhurst moved that the meeting adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by Councilmember Denison and carried.

Meeting adjourned at 5:39 p.m.

Reconvened at 5:49 p.m.

5. HELPER INTEMOUNTAIN THEATER CHRISTMAS PRODUCTION - Sponsorship and Contribution Approved


MOTION. As the Helper Intermountain Theater's Christmas Production will be presented at the Geary Theater in Price, Councilmember Bringhurst moved that Price City sponsor the production and contribute $500 towards expenses. Motion seconded by Councilmember Denison and carried.

6. DONNA MARTINO - Disconnection of Utility Services - Struck

7. FLEET POOL - Discussion and Direction To Investigate

Pat Larsen explained the concept and operation of a fleet pool. As there is no restriction on the amount of the fund balance in a fleet pool, funds can be accumulated to purchase all equipment. Each department would be charged accordingly for using the equipment and for maintenance. A depreciation figure would also be allowed. This procedure would make it possible to trade in and purchase new vehicles on a regular basis instead of maintaining them forever. MOTION. Councilmember Piccolo moved that Pat Larsen and Cobb Johnson be directed to investigate this further and report back to the Council. Motion seconded by Councilmember Bringhurst and carried.

8. IMPACT FEES - Struck

9. CENTRAL SCHOOL BUILDING - Update

Councilmember Wheeler reported that nothing has developed on the Central School pertaining to rental or disposal of the building. The committee has been following up on a few leads. Councilmember Bringhurst stated that the school district will probably not make a decision until after the election. Councilmember Wheeler stated that she will schedule another committee meeting to discuss this.

10. BOARD TERM LIMITATIONS - Tabled

The Council discussed the boards and commissions that the City has control over. Councilmember Bringhurst recommended that this be researched to determine if there are requirements and term limitations. MOTION. Councilmember Bringhurst moved that staff be directed to conduct this research and report back to the Council. Motion seconded by Councilmember Denison and carried.

11. ROAD STRIPING - Bidding Procedures Waived


MOTION. Councilmember Piccolo moved that permission be given to negotiate with Peck Striping to stripe the roads up to the budget limit of $10,000. Motion seconded by Councilmember Wheeler and carried.

12. EZ WORKOUTS, R & M JANITORIAL - 150 South 700 East, Conditional Use Permit

Councilmember Piccolo reported that the Planning and Zoning Commission gave a favorable recommendation to EZ Workouts and R & M Janitorial, 150 South 700 East, for a conditional use permit to operate two businesses in this building and to construct a sign, subject to a satisfactory inspection by the Building and Fire Departments. MOTION. Councilmember Piccolo moved that the businesses and sign be approved per the above contingency and upon payment of the business license fee, and that a Conditional Use Permit be issued. Motion seconded by Councilmember Bringhurst and carried.

13. ED SHOOK, ROGER TAYLOR, JAMES CORDOVA, FRANCIS DUZENACK, LYLE BAUER, SUDA MERRIMAN - Travel Approved

Mayor Protem Nikas presented the following travel requests and recommended approval.

Ed Shook - Basic Internal Affairs, November 12-14, 1996, P.O.S.T.

Roger Taylor - Uniform Field Sobriety Testing, November 20, 21, 1996, P.O.S.T.

James Cordova - Field Training Officer, November 25-27, 1996, P.O.S.T.

Francis Duzenack - Utah Association of Plumbing & Mechanical Officials, November 19-23, 1996, St. George, Utah

Lyle Bauer, Suda Merriman - Utah Community Forest Conference, November 6, 7, 1996, Park City, Utah

MOTION. Councilmember Denison moved that the travel be approved. Motion seconded by Councilmember Bringhurst and carried.

14. LIBRARY AIDE - Permission To Advertise

MOTION. Councilmember Wheeler moved that permission be given to advertise for the position of a Permanent/Part Time Library Aide. Motion seconded by Councilmember Denison and carried.

15. RESOLUTION #96-12 - Establishing Job Description For Accounting Technician/Secretary

MOTION. Councilmember Wheeler moved that Resolution #96-12, establishing the job description for the position of Accounting Technician/Secretary, Grade 6, be approved and that the Mayor and City Recorder be authorized to sign the resolution. Motion seconded by Councilmember Bringhurst and carried.

16. ACCOUNTING TECHNICIAN/SECRETARY POSITION - Permission To Advertise

MOTION. Councilmember Piccolo moved that permission be given to advertise for the position of a Permanent/Part Time Accounting Technician/Secretary, and that a committee comprised of Councilmembers Nikas and Denison, Joanne Lessar, Pat Larsen, Vern Jones, and Aleck Shilaos, be appointed to select and interview the applicants and report back to the Council for approval. Motion seconded by Councilmember Denison and carried.

17. UTAH CENTENNIAL CHRISTMAS TREE - Report

Vern Jones reported that he attended a meeting conducted by the U.S. Forsest Service concerning the Utah Centennial Christmas Tree that will be shipped to Washington, D.C. to be displayed at the nations capitol. Councilmember Wheeler, who is a member of the Centennial Committee, further reported that this has been in the planning stages for 3 years, and that quite a big event has been organized. Several invitations have been mailed to attend the tree cutting ceremony in Huntington Canyon on Friday, November 15th. The tree will be in Price on Saturday, November 16th, with a presentation scheduled at the Peace Garden. Mayor Colosimo will be asked to speak at the event. The tree will stop in Helper and then to Salt Lake for a presentation with Governor Leavitt.

Vern stated that the Centennial Committee would like to purchase special banners to be placed on the street light poles from 2nd East to 1st West. Cost of the banners is $1,350. Funds from the Cultural Connection budget will be used to purchase the banners. He requested permission to expend these funds. Mayor Protem Nikas suggested extending the banners to 3rd East, which would require 6 more banners. Cobb Johnson expressed his concerns with placing the banners on the same side of the pole as the Christmas decorations are on. Last year when banners were placed on the same side as the Christmas decorations, the wind whipped them around and they almost ruined the decorations. He recommended placing the banners on the other side of the pole. However, additional mounting brackets would need to be purchased at a cost of $1,200. The Council questioned the feasibility of this request, which could total $3,300. Is there a need for these banners, as the light poles will already have Christmas decorations on them? Also questioned was if the banners would be received and mounted in time, if they would be used again, the schedule of the crews to install them, and if there are sufficient funds in the budget. MOTION. Councilmember Piccolo moved that these concerns be taken back to the Culture Connection Committee and let them make the decision whether to purchase the banners. Motion seconded by Councilmember Wheeler and carried.

In addition to the above, the Culture Connection Committee had a number of other minor requests, plus the closing of Main Street between 1st and 2nd East. MOTION. Councilmember Piccolo moved that the Council support the Centennial Christmas Tree celebration, that the street be closed and the other minor requests be approved. Motion seconded by Councilmember Wheeler and carried.

18. GARBAGE TRUCK BIDS - Appointment of Committee

Cobb Johnson requested that a committee be appointed to review the bids that will be opened on Thursday, October 31st, for the sale of a garbage truck. MOTION. Councilmember Bringhurst moved that a committee comprised of Councilmembers Denison and Nikas, Cobb Johnson, Pat Larsen, and Vern Jones, be appointed to review the bids and given the power to act. Motion seconded by Councilmember Piccolo and carried.

19. EWA ENVIRONMENTAL - Drinking Water Source Protection Plan - Project Schedule

Gary Sonntag presented a project schedule prepared by EWA Environmental relating to the drinking water source protection plan. Work will begin in November and finish approximately the middle of January, 1997.

20. WATER EXPANSION PROJECT, PUMP STATION/PIPELINE/TELEMETRY - Partial Payment #11

MOTION. Councilmember Piccolo moved that Partial Payment #1 in the amount of $5,735 be paid to CRS Consulting Engineers for design work and construction inspection completed to date on the Water Expansion Project, Pump Station/Pipeline/Telemetry. Motion seconded by Councilmember Denison and carried.

21. SUPER 8 MOTEL - Development Agreement and Letter of Credit #07-95-43

Gary Sonntag reported that the City entered into an agreement with Ashwin Amin of the Super 8 Motel for the installation of street improvements. A Letter of Credit to guarantee the completion of the work was filed with the City. On April 24, 1996, the City released 90% of the Letter of Credit, retaining 10% for a one year performance guarantee consistent with the terms of the Development Agreement. Mr. Amin was notified at that time that according to the bank, the Letter of Credit would expire on July 21, 1996, and would need to be renewed in order to cover the required 10% retainage. However, Mr. Amin did not renew the document. Mr. Amin was notified again about the renewal in a letter dated October 8, 1996. The letter pointed out that if this was not complied, that they will have breached the terms of the Development Agreement. Mr. Amin came to my office several days ago to discuss this matter. I explained to him again the requirement of the retainage and the necessity to maintain the Letter of Credit in sufficient amounts until such time that it is released by the City. As of today, he has not complied with these requirements. Gary recommended that a Demand be made to the bank on the Letter of Credit for the funds that are necessary to cover the 10% retainage in the amount of $1,568.00. MOTION. Councilmember Piccolo moved that the Demand on the Bank on the Letter of Credit be approved as recommended. Motion seconded by Councilmember Denison and carried.

22. WORKERS COMPENSATION FUND OF UTAH - Change To Annual Term Policy - Tabled

Joanne Lessar reported that Eric B. Torgersen, Account Manager for Workers Compensation Fund of Utah, presented a proposal to change the City's current Continuous Policy with a deposit of $14,093 to an Annual Term Policy without a deposit. This change will save the City approximately $8,800/year. In as much as he sells insurance and is familiar with Workers Compensation, Mayor Protem Nikas stated that the Workers Comp Fund is changing many of their large policies to an annual policy so that if the policy is cancelled during any term, there is a short rate cancellation which penalizes the insured. In the past, many companies replaced their policies for a better deal on a month-by-month or quarterly basis with no penalty for cancelling. This is the reason for the extra incentive. By accepting an annual policy, the City would save money, but if it decided to put Workers Comp out for bid and another plan was selected before the annual renewal, the City would be penalized accordingly. MOTION. Councilmember Piccolo moved that the proposed change be tabled and that staff be directed to investigate this. Motion seconded by Councilmember Wheeler and carried.

23. BUSINESS LICENSE APPLICATIONS

The following business license applications were received:

Chelsy's Manor, 77 East Main, George H. Conk-Owner, Reception/Catering Center, (58) $100

Utah Wrestling Supply, 23 South Carbon Avenue #18, Andy Unsicker-Owner, Retail Sporting Goods (59) $50 Half Year Fee

The Scrapbook Shop, 98 South 300 East, Dalin E. Fausett-Owner, Retail Scrapbook & Photo Supplies, (59) $50 Half Year Fee

Chon Kandaris dba Help Advocates, 23 South Carbon Avenue #19, Chon Kandaris-Owner, Disability Representative (73) $50 Half Year Fee

Phone Directories Company, 190 South 200 East, Marc Bingham-0wner, Advertising Sales (59) $50 Half Year Fee

Vista Hospice of Utah, 23 South Carbon Avenue #16, Barry Smith-Owner, Outpatient Care (80.8) $50 Half Year Fee

MOTION. Councilmember Wheeler moved that the businesses be approved. Motion seconded by Councilmember Piccolo and carried.

24. WIX PLAZA (RICHARD MORLEY) - Lease Agreement

The Council discussed the lease agreement with Richard Morley for use of the City's parking spaces for Wix Plaza. Mr. Morley declined to sign the five-year agreement due to the elimination of the first right of refusal in the contract. Mr. Morley attended the last Council meeting and requested that this be placed back in the agreement. Mr. Sampinos stated that he conducted a research on the easement and trade Mr. Morley referred to. He found that there is no trade. It is basically an easement that is 12' wide and is measured from the back of Mr. Morley's building from the north and comes out to the street. To accommodate everyones need to park in this area, the 12' wide strip is being ignored and parking is occurring now within that 12' wide strip, although there is sufficient room for ingress and egress. The easement was prepared as an accommodation by all parties concerned. The Council directed Mr. Sampinos to write a letter to Mr. Morley stating that after it was analyzed and discussed, that it is the Council's decision that the agreement remain as prepared with the elimination of the first right of refusal. If Mr. Morley does not sign the agreement, then he will need to be told he can no longer use these parking spaces.

25. WATER AND UTILITY TRUCKS - Contracts Awarded

Cobb Johnson reported that the committee appointed to review the bids received for the water and utility trucks awarded the contract to Mountain View Motors, the low bidder.

26. FAZZIO WATER COMPANY - Update

Councilmember Piccolo reported that in a previous Council meeting, Price City was asked to take over maintenance and control of the Fazzio Water Company located in Carbonville. He would like more time to investigate this request. It may be that the cost to maintain the line far outweighs the revenue from the sale of water. In addition, he does not want to set a precedent where the City will be asked to take over all of the outside water connections. The size of the present water line was also discussed, and if it met City specifications.


27. SMUIN, RICH & MARSING - Audit Report FY1995/96 - Struck


Redevelopment Agency Minutes

Meeting adjourned at 8:09 p.m.